2019-02-21 Liquor Adjudication Board Minutes (2)

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Smith: Thank you for being patient with us. Moving on to Case No. 1, this is case No. 2018-008, in the Matter of the Accusation Against MS Keaau, LLC, dba Minit Stop (Keaau), located at Keaau, Hawaii. '1. CASE NO. 2018-008 (10:20 A.M.) In the Matter of the Accusation Against MS Keaau, LLC, dba Minit Stop (Keaau), located at Keaau, Hawaii. Informal Hearing (Alternative II) on violation of Section 281-44(a) of the Hawaii Revised Statutes, as amended, for failure to post a sign in or about the premises containing and notifying all customers and other persons of the possible sanctions that may be imposed for operating a vehicle under the influence of an intoxicant under Sections 291 E-41 and 291 E-01, more commonly known as a "D. U.I. poster." Jon Miyabuchi Mice President of Retail Operations and General Manager, was present. Smith: could you please identify yourself? Miyabuchi: Yes, I'm Jon Miyabuchi the Vice President of Retail operations for Hawaii Petroleum, as well as the General Manager. Smith: Thank you very much. Renee, could you read the complaint? Schoen: Thank you, Mr. Chair. The Complaint states that on or about the 21st day of October 2018, in the County and State of Hawaii, the Licensee MS Keaau, LLC, dba Minit Stop (Keaau), did fail to post a sign in or about the premises containing and notifying all customers and other persons of the possible sanctions that may be imposed for operating a vehicle under the influence of an intoxicant under Sections 291 E-41 and 291 E-01, more commonly known as a "D.U.I poster," in violation of Section 281-44(a) of the Hawaii Remised Statutes, as amended. Schoen: Mr. chair, the Licensee has chosen Alternative II, they acknowledge receipt of the Complaint, admitted the allegation and stipulated that disciplinary action may be taken and they are waiving their right to appear and appeal and want to present the circumstances surrounding the situation. Smith: Do I have a motion to find the Licensee in violation of the charge? Mukai: So move. Taniguchi: Second. Mr. Mukai moved that the Licensee in Case No. 2018-008, be found in violation of Section 281-44(a) of the Hawaii Revised Statutes, as amended, for failure to post a sign in or about the premises containing and notifying all customers and other persons FEBRUARY 21, 2019 - LIQUOR ADJUDICATION BOARD MINUTES 7